IT-09-92-PT D38591 - D38580 13 April 2012

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UNITED NATIONS
International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991
Case No.: IT-09-92-PT

Date: 13 April 2012

IN TRIAL CHAMBER I

Before:

Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Flgge Mr. John Hocking THE PROSECUTOR v. RATKO MLADI]

Registrar:

Public with Confidential Annex A

PRESENTATION OF PROSECUTION CASE IN CHIEF: FIRST SEGMENT

The Office of the Prosecutor:

Mr. Dermot Groome Mr. Peter Mc Closkey Counsel for Ratko Mladi}:

Mr. Branko Luki} Mr. Miodrag Stojanovi}

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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

IT-09-92-PT THE PROSECUTOR v. RATKO MLADI]

Public with Confidential Annex A1

PRESENTATION OF PROSECUTION CASE IN CHIEF: FIRST SEGMENT

Introduction 1. Pursuant to an order of the Trial Chamber, the Prosecution hereby files its

witness order for the first segment of its case, covering the period between the commencement of the case on 29 May 2012 until 13 July 2012.2 Estimate of Time Needed for the Prosecutions Opening Statement 2. The Prosecution estimates that it will require six hours to make its opening

statement, scheduled to begin on 14 May 2012. Presentation of the First Segment of the Prosecution Case 3. Given the complexity of the Indictment and the underlying events, the

Prosecution will largely present its evidence in five different segments: i. First Segment: Overview of the case. ii. Second Segment: Crimes in Sarajevo. iii. Third Segment: Crime of Hostage-taking
1

The Annex is filed confidentially because it includes references to witnesses with protective measures and confidential exhibits. 2 Prosecutor v. Mladi}, Case No. IT-09-92-PT, Status Conference, 29 March 2012, T223. See also, Scheduling Order, 15 February 2012, para. 15.

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iv. Fourth Segment: Crimes in the Municipalities beginning in 1992. v. Fifth Segment: Crimes in Srebrenica in 1995. There will be some overlap between these segments because of the interrelated nature of the events described in the Indictment. First Segment of Prosecution Case 4. During the First Segment, the Prosecution will adduce evidence of specific

crimes that occurred over the breadth of the entire conflict. These crimes include two massacres in 1992, evidence of cruel treatment and murder in two detention camps, the initial bombardment of Sarajevo in May 1992, two sniping incidents and one Srebrenica mass execution. This segment will also include evidence regarding the organisational structure of the Army of Republika Srpska and how Mladi} exercised his authority as Commander of the Main Staff. 5. Among other witnesses, the Prosecution will adduce the evidence of David

Harland, who was present during much of the period covered by the Indictment and provides evidence that demonstrates the relationship between the crimes in each component of the case. Finally, the Prosecution will adduce the expert testimony and report of General Sir Richard Dannatt, former Chief of the General Staff of the British Army. His evidence will provide, in part, a conceptual framework for understanding and receiving other complex evidence related to military operations and Mladi}s role in them. 6. In all, the Prosecution intends to call 23 witnesses during the First Segment of

its case.3 As it is difficult to predict the pace of the proceedings at this juncture, the Prosecution would appreciate the Chambers guidance on whether in the Chambers view, the schedule meets its expectations.

The number of witnesses is based on the Chambers Scheduling Order. See, Prosecutor v. Mladi}, Case No.IT-09-92-PT, Scheduling Order, 15 February 2012. The Prosecution has developed this schedule based on an anticipated sitting schedule of five days per week.

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7.

Confidential Annex A contains a list of these witnesses as well as preliminary

lists of exhibits the Prosecution may use during the testimony of these witnesses.4 Word Count: 525

Respectfully submitted,

Dermot Groome Senior Trial Attorney

Peter McCloskey Senior Trial Attorney

Dated this 13th day of April 2012 At The Hague, The Netherlands

The Prosecution provides this information about exhibits to provide with the Mladi} Defence with as much advance notice as possible. The Prosecution will comply with any procedure the Chamber may establish for notifying the Defence of exhibits to be used with witnesses.

Case No. IT-09-92-PT

13 April 2012